Roberts
Roberts v. Cohen
Opinion
Lead Opinion
MEMORANDUM *
Petitioner Antonio L. Roberts appeals the district court’s order denying his 28 U.S.C. § 2254 habeas petition challenging his California state court conviction for first degree murder and second degree robbery. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 2253 , and we affirm.
I
A jury convicted Roberts based in part on the testimony of Officer Ignacio Reyes recounting incriminating statements that Roberts made to him while Roberts was in custody for an unrelated charge. 1 Roberts had waived his Miranda rights twenty-two hours earlier, while being questioned by a different officer on the unrelated charge. Officer Reyes did not repeat the Miranda warnings. At the beginning of the discussion between Roberts and Officer Reyes, which yielded the incriminating statements that are challenged in this appeal of the district court’s denial of Roberts’s habeas corpus petition, Roberts also said to Officer Reyes, ‘Well I think I need a lawyer.” Roberts’s habeas petition raises two challenges to his conviction, based upon his Fifth Amendment right to be protected against self-incrimination and his Fifth Amendment right to counsel, respectively.